alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 09-20709

Summary Calendar

JAMES CAVAZOS,

Plaintiff-Appellant

v.

JP MORGAN CHASE BANK NATIONAL ASSOCIATION; BARRETT DAFFIN

FRAPPIER TURNER & ENGLE L.L.P.; EMC MORTGAGE CORPORATION;

MERS; SOUTHSTAR FUNDING LLC; MERSCORP INCORPORATED,

Defendants-Appellees

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:09-CV-648

Before SMITH, PRADO, and HAYNES, Circuit Judges.

PER CURIAM:

*

James Cavazos appeals the judgment dismissing, for lack of jurisdiction,

his mortgage fraud suit against the defendants. Cavazos’s initial brief failed to

attempt to demonstrate error in the district court’s determination that he was

United States Court of Appeals

Fifth Circuit

F I L E D

July 22, 2010

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

Case: 09-20709 Document: 00511181763 Page: 1 Date Filed: 07/22/2010
No. 09-20709

without standing to sue. Cavazos’s failure to identify any error in the district

1

court’s analysis on this issue constitutes a failure to appeal that ruling. See

Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.

1987). As are other litigants, a pro se party is required to brief arguments in

order to preserve them. Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).

Consequently, we deem Cavazos’s appeal to have been abandoned. His effort to

address standing in his reply brief comes too late, as we will not consider

arguments raised for the first time in a reply brief. United States v. Jackson,

2

426 F.3d 301, 304 n.2 (5th Cir. 2005)(“Arguments raised for the first time in a

reply brief, even by pro se litigants . . . are waived.”) Accordingly, the judgment

below is affirmed; the pending motion to strike Cavazos’s record excerpts is

denied as moot.

AFFIRMED; MOTION TO STRIKE RECORD EXCERPTS DENIED AS

MOOT.

Cavazos contended only that a “Notice of International Commercial Claim in 1

Admiralty Administrative Remedy” he sent to the defendants around the time this case was

removed constitutes proof of his claimed ownership in the property due to “estoppel by

acquiescence.” To the extent that this constitutes a challenge to the district court’s standing

determination, it is frivolous.

In any event, Cavazos’s reply brief is wholly lacking in any legal citation, relying 2

instead on quoting Latin maxims which in no way address the specific reasoning of the district

court.

2

Case: 09-20709 Document: 00511181763 Page: 2 Date Filed: 07/22/2010
Retention Bonus Letter Agreement between the Company and Edward Schnipper



 Exhibit 10.2 
 May 19, 2008 
 Edward F. Schnipper, M.D. 
 [Address] 
  

	 	Re:	Retention Bonus  

 Dear Ed: 
 Novacea, Inc. (the “Company”) agrees to make a retention payment to you (a “Retention Bonus”) in an amount equal to 6 months of your
base salary. The payment of your Retention Bonus will be made upon the completion of a Transaction by the Company, subject to your continued employment by the Company through that date. A Transaction is defined as a transaction that has the effect
of the Company becoming reengaged in operating activities (either through a merger, acquisition or the in-licensing of a new compound, and/or the reintroducing of Asentar or AQ4N into active clinical development) or the Company being liquidated. In
addition, if you are terminated by the Company without cause prior to a Transaction but on or after the date the Company enters into a definitive agreement that contemplates a merger, acquisition or liquidation, the Company agrees to pay to you the
Retention Bonus within 30 days of your termination. 
 Thank you for all of your contributions to Novacea. 
  

	
	Best regards,
	
	/s/ John P. Walker
	John P. Walker
	Chief Executive Officer
	Novacea, Inc.


 By signing below, I acknowledge receipt of this letter and agree to its terms and conditions. 
  

					
		 		 	
			
	/s/ Edward F. Schnipper	 		 	5/20/08
	Edward F. Schnipper	 		 	Date
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# A promotion -- a party -- a pity

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## Description

                    -           Title        
                    -  A promotion -- a party -- a pity 
                    -           Creator        
                    -  United States. American Forces Information Service 
                    -           Publisher        
                    -  American Forces Information Service, Department of Defense 
                    -           Description        
                    -  Shipping list no.: 90-506-P. 
                    -           Subjects        
                    -  United States. American Forces Information Service 
                    -           Subject: Time        
                    -  1990-2000 
                    -           Subject: Place        
                    -  United States 
                    -           Series Title        
                    -  Defense billboard ; #31; Defense billboard (1988) ; #31. 
                    -           Physical Description        
                    -  156 × 43 cm 
                    -           Number of Pages        
                    -  1 
                    -           Host institution        
                    -  University of Iowa. Libraries. Government Publications 
                    -           Digitization Specifications        
                    -  Scanned with Zeutschel OS 12000 Scanner at 300 ppi, 24-bit color. Archival tiff image available. 
                    -           Rights Management        
                    -  This is a work of the U.S. Government and is not subject to copyright protection in the United States. 
                    -           Contact Information        
                    -  Please contact the Government Publications Department at the University of Iowa Libraries: lib-govpub@uiowa.edu. 
                    -           Item Type (AAT)        
                    -  Posters 
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                - 100 Main Library (LIB)
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                - ©2020  The University of Iowa
                -
Exhibit 31.2**CERTIFICATION OF CHIEF FINANCIAL OFFICER**I, John J. Zimmer, Vice President of Finance and Chief Financial Officer of Transcat, Inc., certifythat: 1. I have reviewed this quarterly report on Form 10-Q of Transcat, Inc.;  2. Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made,in light of the circumstances under which such statements were made, not misleadingwith respect to the period covered by this report;  3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respects thefinancial condition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;  4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in ExchangeAct Rules 13a-15(e) and 15d-15(e)) for the registrant and have: (a) designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this report is being prepared;  (b) evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and  (c) disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s mostrecent fiscal quarter (the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and 5. The registrant’s other certifying officer and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board of directors(or persons performing the equivalent functions): (a) all significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process, summarizeand report financial information; and  (b) any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.        Date: August 14, 2007   /s/ John J. Zimmer   John J. Zimmer    Vice President of Finance and Chief Financial Officer
Exhibit No. 32.1




CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




In connection with the Quarterly Report of Texas Pacific Land Trust (the “Trust”) on Form 10-Q for the quarter ended September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Roy Thomas, Chief Executive Officer of the Trust, certifies, to the best of his knowledge, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:




(1)           The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and




(2)           The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Trust.







TEXAS PACIFIC LAND TRUST(Registrant)Date:  November 4, 2010
By:
/s/ Roy ThomasRoy Thomas, General Agent and

Chief Executive Officer
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# Retired Senior Volunteer Program: a community of talents serving you.

                - U.S. Government Posters

## Description

                    -           Title        
                    -  Retired Senior Volunteer Program: a community of talents serving you. 
                    -           Creator        
                    -  United States. Action 
                    -           Publisher        
                    -  U.S. ACTION 
                    -           Description        
                    -  Shipping list no.: 91-0354-P. 
                    -           Subjects        
                    -  Retired Senior Volunteer Program (US) 
                    -           Subject: Time        
                    -  1990-2000 
                    -           Subject: Place        
                    -  United States 
                    -           Physical Description        
                    -  144 × 28 cm 
                    -           Number of Pages        
                    -  1 
                    -           Host institution        
                    -  University of Iowa. Libraries. Government Publications 
                    -           Digitization Specifications        
                    -  Scanned with Zeutschel OS 12000 Scanner at 300 ppi, 24-bit color. Archival tiff image available. 
                    -           Rights Management        
                    -  This is a work of the U.S. Government and is not subject to copyright protection in the United States. 
                    -           Contact Information        
                    -  Please contact the Government Publications Department at the University of Iowa Libraries: lib-govpub@uiowa.edu. 
                    -           Item Type (AAT)        
                    -  Posters 
                    -           Item Type (IMT)        
                    -  jpeg 

                - Contact the Libraries
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                -  
                - 100 Main Library (LIB)
                - 125 West Washington St.
                - Iowa City, IA 52242-1420
                - 319-335-5299 (Service Desk)
                - ©2020  The University of Iowa
                -
Exhibit 32

                           Section 1350 Certifications

         Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
         of the Sarbanes-Oxley Act of 2002, each of the undersigned officers of
         TransNet Corporation (the "Company") hereby certify to such officer's
         knowledge that:

     1.  The Quarterly Report on Form 10-Q of the Company for the fiscal period
         ended December 31, 2005, fully complies with the requirements of
         Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

     2.  The information contained in the Form 10-Q fairly presents, in all
         material respects, the financial conditions and results of operations
         of the Company.





     /s/ STEVEN J. WILK
     -----------------------
     Steven J. Wilk
     Chief Executive Officer

     Date:  February 13, 2006


     /s/ JOHN J. WILK
     -----------------------
     John J. Wilk
     Chief Financial Officer

     Date:  February 13, 2006
Exhibit 13.2

Certification by the Chief Financial Officer

Pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002

Pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned, Xiaosong Zhang, Chief Financial Officer of iSoftStone Holdings Limited (the Company), hereby certifies, to the best of her knowledge, that the Companys annual report on Form 20-F for the
year ended December 31, 2011 (the Report) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, and that the information contained in the Report fairly presents,
in all material respects, the financial condition and results of operations of the Company as of, and for the periods presented in the Report.

Date: April 27, 2012



|       |  |                        
|------ |  | -----------------------
|By:    |  | /s/ Xiaosong Zhang     
|Name:  |  | Xiaosong Zhang         
|Title: |  | Chief Financial Officer
**Exhibit 23**

 

CONSENT OF INDEPENDENT****REGISTERED PUBLIC ACCOUNTING FIRM

 

We hereby consent to the incorporation by reference in this Form 10-Kof Virginia Commerce Bancorp, Inc. and in the Registration Statements on Form S-8(Nos. 333-68576, 333-68578, 333-68580 333-108210, 333-109079 and 333-142447) ofour report, dated March 12, 2008, relating to the consolidated balancesheets of Virginia Commerce Bancorp, Inc. as of December 31, 2007 and2006, and the related consolidated statements of income, changes in stockholders’equity and cash flows for the years ended December 31, 2007, 2006 and2005.

 

 
|  /s/ Yount, Hyde &  Barbour, PC |   |
|-----------------------------------------------|--------|
|                                          |   |
|                                          |   |
| Winchester, Virginia                          |   |
| March 13, 2008                           |   |

 

----
July 20, 1960

Reap. Dec. 9749.

#### General Electric Company (X-Ray Department) *v.*United States,

reappraisement R59/13282.

Entered at Chicago, Ill. (Not published.) Motion by plaintiff.
EXHIBIT 32.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the
Quarterly Report on Form 10-Q/A (First Amendment) for the quarterly period ended May 31, 2004 of the Trust Created February 25, 1986 (the Trust) as filed with the Securities and Exchange Commission on the
date hereof (the Report), and pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned
officers does hereby certify that to the best of his knowledge:

| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the
          Securities Exchange Act of 1934; and                            
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------
|
| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and
          result of operations of the Trust.

| | Date:   December 17, 2004   | /s/ John A. Irwin
| | --------------------------- | -----------------
| | John A. Irwin              
| | Principal Executive Officer

| | Date:   December 17, 2004   | /s/ Lawrence J. Bolton
| | --------------------------- | ----------------------
| | Lawrence J. Bolton         
| | Principal Financial Officer

A signed original of this written
statement required by Section 906 has been provided to the Trust and will be retained by
the Trust and furnished to the Securities and Exchange Commission or its staff upon
request.
<TABLE> <S> <C>

<ARTICLE> UT
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE TAMPA
ELECTRIC COMPANY BALANCE SHEETS, STATEMENTS OF INCOME AND STATEMENTS OF CASH
FLOWS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<CIK> 0000096271
<NAME> TAMPA ELECTRIC COMPANY
<MULTIPLIER> 1,000,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                        2,832
<OTHER-PROPERTY-AND-INVEST>                          8
<TOTAL-CURRENT-ASSETS>                             331
<TOTAL-DEFERRED-CHARGES>                           248
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                                   3,419
<COMMON>                                           119
<CAPITAL-SURPLUS-PAID-IN>                        1,023
<RETAINED-EARNINGS>                                300
<TOTAL-COMMON-STOCKHOLDERS-EQ>                   1,442
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<LONG-TERM-DEBT-NET>                               690
<SHORT-TERM-NOTES>                                   0
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                     277
<LONG-TERM-DEBT-CURRENT-PORT>                        5
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                   1,005
<TOT-CAPITALIZATION-AND-LIAB>                    3,419
<GROSS-OPERATING-REVENUE>                          791
<INCOME-TAX-EXPENSE>                                44
<OTHER-OPERATING-EXPENSES>                         637
<TOTAL-OPERATING-EXPENSES>                         681
<OPERATING-INCOME-LOSS>                            110
<OTHER-INCOME-NET>                                   1
<INCOME-BEFORE-INTEREST-EXPEN>                     111
<TOTAL-INTEREST-EXPENSE>                            34
<NET-INCOME>                                        77
<PREFERRED-STOCK-DIVIDENDS>                          0
<EARNINGS-AVAILABLE-FOR-COMM>                       77
<COMMON-STOCK-DIVIDENDS>                            60
<TOTAL-INTEREST-ON-BONDS>                           21
<CASH-FLOW-OPERATIONS>                             185
<EPS-BASIC>                                        .00
<EPS-DILUTED>                                      .00


</TABLE>
Exhibit 32



    CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         To my  knowledge,  this  Quarterly  Report on Form 10-Q for the quarter
ended June 25, 2005,  fully complies with the  requirements  of Section 13(a) or
15(d) of the Securities  Exchange Act of 1934, and the information  contained in
this Report fairly represents, in all material respects, the financial condition
and results of operations  of Tasty Baking  Company.  In accordance  with clause
(ii) of Item 601(b)(32),  this certification (A) shall not be deemed "filed" for
purposes  of  Section  18 of the  Exchange  Act,  or  otherwise  subject  to the
liability of that  section,  and (B) shall not be deemed to be  incorporated  by
reference into any filing under the  Securities Act or the Exchange Act,  except
to the extent that the company specifically incorporates it by reference.




                                     By:      /s/ Charles P. Pizzi
                                              --------------------------------
                                              Charles P. Pizzi
                                              President and
                                              Chief Executive Officer




                                     By:      /s/ David S. Marberger
                                              --------------------------------
                                              David S. Marberger
                                              Senior Vice President,
                                              Chief Financial Officer, and
                                              Chief Accounting Officer





Date:  July 29, 2005
Exhibit 32



                           Section 1350 Certifications

         Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
         of the Sarbanes-Oxley Act of 2002, each of the undersigned officers of
         TransNet Corporation (the "Company") hereby certify to such officer's
         knowledge that:

     1.  The Quarterly Report on Form 10-Q of the Company for the fiscal period
         ended December 31, 2006, fully complies with the requirements of
         Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

     2.  The information contained in the Form 10-Q fairly presents, in all
         material respects, the financial conditions and results of operations
         of the Company.





     /s/ Steven J. Wilk
     -------------------------------
     Steven J. Wilk
     Chief Executive Officer

     Date: February 12, 2007


     /s/ John J. Wilk
     -------------------------------
     John J. Wilk
     Chief Financial Officer

     Date: February 12, 2007